U.S. Constitution

The Misuse of History to Undercut the Modern Regulatory State

The Misuse of History to Undercut the Modern Regulatory State

Originalist arguments for rewriting administrative law are weaker than they seem.

Congressional Restoration of Tribal Civil Jurisdiction

Congressional Restoration of Tribal Civil Jurisdiction

Congress should enact a law that restores tribal regulatory and adjudicatory authority.

The Universal Injunction Debate

The Universal Injunction Debate

Can a single judge lawfully prevent the entire government from enforcing a regulation?

The Constitutionality of Federal Regulation in Indian Country

The Constitutionality of Federal Regulation in Indian Country

A recent Supreme Court decision challenges centuries of congressional regulatory authority over native nations.

The Constitutional Foundations of Communications Law and Policy

The Constitutional Foundations of Communications Law and Policy

The government must recognize constitutional property and free speech rights in communications law and policy.